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State and Local Government Law Commons

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West Virginia Law Review

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Articles 1 - 30 of 154

Full-Text Articles in State and Local Government Law

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie Apr 2023

Sovereign Immunity And The West Virginia Constitution, J. Zac Ritchie

West Virginia Law Review

No abstract provided.


Homeless Residency Restrictions, Ben A. Mcjunkin Mar 2023

Homeless Residency Restrictions, Ben A. Mcjunkin

West Virginia Law Review

Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …


The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner Dec 2020

The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner

West Virginia Law Review

No abstract provided.


Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey Sep 2020

Pilot Agreements In West Virginia: A Tale Of Turbulent Taxation, Blake N. Humphrey

West Virginia Law Review

No abstract provided.


Home Rule In West Virginia, Robert M. Bastress Jr. Apr 2020

Home Rule In West Virginia, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Enhanced Civil Rights In Home Rule Jurisdictions: Newly Emerging Uas/Drone Use Ordinances, Jennifer A. Brobst Apr 2020

Enhanced Civil Rights In Home Rule Jurisdictions: Newly Emerging Uas/Drone Use Ordinances, Jennifer A. Brobst

West Virginia Law Review

No abstract provided.


North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin Apr 2020

North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin

West Virginia Law Review

No abstract provided.


On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon Apr 2020

On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon

West Virginia Law Review

No abstract provided.


Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D. Apr 2020

Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.

West Virginia Law Review

No abstract provided.


Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson Apr 2020

Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson

West Virginia Law Review

No abstract provided.


Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra Apr 2020

Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra

West Virginia Law Review

Since San Francisco enacted the first paid sick leave ordinance in 2007, cities and counties across the country have quietly emerged as drivers of the modern labor movement. Local governments are now increasingly playing a pivotal role in developing, enacting, and enforcing workplace regulations ranging from local minimum wage increases to LGBTQ-inclusive nondiscrimination ordinances to fair scheduling requirements. As a result, the question of which level of government should have the power to regulate business and protect workers has become a flash point in contemporary state-local conflicts, inciting state legislatures to adopt far-reaching, sweeping preemption laws that eliminate local authority …


States, Localities And Public Health, David Gartner Apr 2020

States, Localities And Public Health, David Gartner

West Virginia Law Review

No abstract provided.


Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy Sep 2019

Forbidden Flower: How Allowing Medical Cannabis Flower In West Virginia Helps Heal Patients And The State Economy, Jordan Maddy

West Virginia Law Review

No abstract provided.


Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper Apr 2019

Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper

West Virginia Law Review

No abstract provided.


Creating Single-Member House Districts In West Virginia, Charles R. Russell Sep 2017

Creating Single-Member House Districts In West Virginia, Charles R. Russell

West Virginia Law Review

No abstract provided.


From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz Sep 2013

From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz

West Virginia Law Review

Since the United States enacted the National Environmental Policy Act (NEPA) in 1969, nations all around the world have adopted similar statutes. What started as a unique response to the American environmental movement grew to become a nearly global standard. Although the details of the regimes vary from country to country, there are two constants: (1) the regimes force the government to consider environmental impacts before conducting or authoriz- ing projects, and (2) they allow some degree of public participation. This Arti- cle focuses on the latter of these two features. Public participation in NEPA-style regimes generally means public consultation: …


Localism And The West Virginia Constitution, Robert M. Bastress Jr. Apr 2007

Localism And The West Virginia Constitution, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella Sep 2006

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.


Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr. Sep 2005

Constitutional Considerations For Local Government Reform In West Virginia, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr. Sep 2004

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend Jan 2004

Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend

West Virginia Law Review

No abstract provided.


What Constitutes A Substantial Public Policy In West Virgina For Purposes Of Retaliatory Discharge: Making A Mountain Out Of A Molehill, Parween S. Mascari Jun 2003

What Constitutes A Substantial Public Policy In West Virgina For Purposes Of Retaliatory Discharge: Making A Mountain Out Of A Molehill, Parween S. Mascari

West Virginia Law Review

No abstract provided.


State And Local Government, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

State And Local Government, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman Dec 2000

Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman

West Virginia Law Review

No abstract provided.


Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham Sep 2000

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham

West Virginia Law Review

No abstract provided.


More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney Sep 1999

More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney

West Virginia Law Review

No abstract provided.


Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley Jun 1997

Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.


State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor Apr 1996

State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor

West Virginia Law Review

No abstract provided.


Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen Apr 1995

Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen

West Virginia Law Review

No abstract provided.


The Aals Sexual Orientation Policy: The Argument Against Barring Military Recruiters From Law School Campuses, Christopher R. Mcdowell Sep 1992

The Aals Sexual Orientation Policy: The Argument Against Barring Military Recruiters From Law School Campuses, Christopher R. Mcdowell

West Virginia Law Review

No abstract provided.